Major General James J. Grazioplene called back to duty for court martial
David sends us a link to the Washington Post which reports that Major General James J. Grazioplene has been called back to duty in the Army so that he can stand for a court martial for crimes that happened over thirty years ago while he was on active duty. The charges are six counts of raping a child over a six-year period.
The Army will hold a probable-cause hearing this weekend at Fort Meade, Md., to review evidence against Grazioplene. In April, the service announced in a terse statement that it had charged the retired general with six counts of rape of a minor but disclosed no other details. Army officials have declined to answer questions about the case since then.
Charging documents obtained by The Washington Post under the Freedom of Information Act show that Grazioplene is accused of committing rape on six occasions between 1983 and 1989 while stationed in the United States and Germany.
According to the charging documents, the rapes occurred at Fort Leavenworth, Kan.; Fort Bragg, N.C.; Amberg, Germany; Bindlach, Germany; and Woodbridge, Va.
Grazioplene retired in 2005. Since the rapes took place in several places over six years, I have to guess that it was a family member who was the victim. We wrote about him in April when the Army charged him.
Category: Army News
No comment. Too disgusted to say anything.
Agreed.
The Army can still kill people, right?
The last execution carried out by the Army was Private John Bennet in 1961 for the rape and attempted murder of an 11-year-old Austrian girl
Well, there ya go, we have a precedent.
That guy killed someone. As far as I know, this guy didn’t.
My guess is no way in hell he gets the needle. These days, the SCOTUS seems to damn near require a murder before they’ll allow capital punishment.
Actually, that is the standard. I can find the case law, but it’s already been decided. Georgia had capital punishment for rape. It was ruled unconstitutional, punishment too heavy for the crime, etc. interesting read. So, in America, capital punish,ent is reserved for homicide only. Maybe some treason level stuff, I’m not sure.
That case was Coker v. Georgia, and it was further extended to include child rape in Kennedy v. Louisiana. However, the courts have also allowed the military great leeway in imposing punishments under the UCMJ, often allowing punishments under the UCMJ that are more severe than for similar actions in a civilian environment.
Bottom line: I suspect you’re correct that the SCOTUS would find the same to be the case under the UCMJ and would disallow the death penalty for rape. However, as far as I know, the courts have not yet considered the issue specifically in conjunction with a UCMJ rape case.
I actually think SCOTUS is unlikely to rule that the death penalty is unconstitutional for rape in the military.
1. Because these crimes by service members overseas bring dishonor to the United States and threaten our relationship with allies (remember the rape of the girl in Okinawa in the 90s nearly jeopardized our presence there).
2. Because a rape during wartime is considered a war crime.
3. Because the rape of a fellow soldier destroyed the moral, trust, and camaraderie of an entire military unit.
4. Rapes of subordinates or superiors would undermine the integrity of an entire military command structure.
I think there is a strong case to be made that the SCOTUS would likely regard these risks as sufficient to put the good of the United States or the military services over the rights of the individual.
At the very least they would want it in place as a strong deterrent. Particularly in wartime.
I can see them ruling that it is unconstitutional during peace time and constitutional during wartime. Or something to that effect to more precisely balance the rights of the individual over National Security.
I actually wish I could agree with you this time. I still have to say I think you’re wrong – but I hope you’re correct.
Rationale: even though rape of a subordinate or during wartime are particularly heinous crimes, they pale in comparison with child rape. If the SCOTUS won’t allow the death penalty for the latter, I can’t see them doing so for the former unless the crime also involves a murder.
The majority of the other crimes you list (in a different comment) for which the UCMJ authorizes the death penalty are military-specfic. Only three clearly are not: espionage, rape, and murder. The SCOTUS currently allows capital punishment for murder, but not for rape, in civilian trials. My guess is they will hold that the precedents established by Coker v. Georgia and/or Kennedy v. Louisiana are applicable if a UCMJ sentence of death for rape is ever brought to them – because rape is not a military-specific offense.
As far as I know, capital punishment for espionage hasn’t been tested in Federal court since the Rosenberg trial.
I thus regard it as an open question whether the SCOTUS would allow capital punishment for espionage today. The SCOTUS appears to apply a far more stringent test to capital punishment cases today than it did even 30 years ago – in my opinion, to society’s detriment.
Military has a different standard for capital offenses than the general population. Rape is technically still a capital offense in the military.
SCOTUS has a long history of holding the military to a different standard when weighing the public good against the rights of the individual, particularly during wartime.
Right now these offenses are punishable by death and the sentence can be carried out at any time (though in peacetime they are allowed to go through a long appeals process)….
94 – Mutiny or sedition
99 – Misbehavior before the enemy
100 – Subordinate compelling surrender
101 – Improper use of countersign
102 – Forcing a safeguard
104 – Aiding the enemy
106a – Espionage
110 – Improper hazarding of vessel
118 – Murder.
120 – Rape
Crimes that carry a death penalty during wartime.
85 – Desertion
90 – Assaulting or willfully disobeying a superior commissioned officer
106 – Lurking as a spy or acting as a spy
113 – Misbehavior of a sentinel or lookout
That’s the charge against Bergdahl, right?
Won’t happen, but one can wish, can’t one?
JSF
You left out 106 – Spying. It has only one penalty: death.
In cases like this, death by Bunga-Bunga is more appropriate than the needle.
Depending on the age of the victim, her/his life is forever altered. Murderous enough for me.
Yep, my feelings exactly.
Three things I am all for having a death penalty for: Murder, rape, child molestation.
Doubtful they’d be bringing him back if they didn’t have a preponderance of evidence.
If he’s guilty, enjoy your life in Leavenworth asshole.
I was thinking the same thing, MSG…
unless he’s a republican
I guess you don’t read the news.
Senator Bob Menendez (DEMOCRAT) only ‘likes the youngest and newest girls’ says Dominican prostitute who ‘attended alleged sex parties with him’
http://www.dailymail.co.uk/news/article-2271454/Senator-Bob-Menendez-likes-youngest-girls-says-Dominican-prostitute.html
Oh yeah – he is still a SITTING democrat senator.
Oh yeah – fuck off
lol…too easy to trip your trigger nannerman
2banana – both sides have their perverts… remember the “toe tapping” Senator from Idaho? He had an (R) next to his name.
Sexual predators – regardless of race, creed, color, sex or religion – have no place in a normal society. And, they should not have any “protection” extended to them because of their “status”.
“Sexual predators – regardless of race, creed, color, sex or religion – have no place in a normal society. And, they should not have any “protection” extended to them because of their “status”.”
Summed up perfectly. I can’t for the life of me understand how a grown man (usually) can find pleasure in having sex with a child. There would probably be many more exception for the reception they know they will receive in prison. They are lower than whale shit.
Not for long. He is about to start his trial for bribery.
It could be that the victim is now an adult and has requested this, too.
Reduction in rank, forfeiture of all pay and allowances…..I wonder if that would be retroactive?
A special place in HELL awaits his arrival nonetheless…
Yes, if I believed in Hell, I would hope there exists, a special Hell within a Hell for such people.
Read the mythology about Helheim, and the goddess Hel who presides over it. I think it would fit your idea quite well.
Thank you, I will check that out.
Jail time, long term and painfully without outside contact, is fine with me. These creatures should be separated from society permanently.
I say weld his cell door shut as the key is ground into dust.
Brick the cell door shut, after filling it with roaches up to his neck, and leave a dull butter knife for “it”, to do the only ‘honorable’ thing available to atone in this life for “its” actions. No, I don’t mean suicide; I mean the DIY Lorena Bobbitt
Self Castration Kit by Ronco.
We can hope that there is evidence beyond someone’s memory of what happened 30 years ago. If not, perhaps there is some sympathy appropriate.
Otherwise, bury this clown. No excuse for behavior this bad. None.
We put dogs down when they harm children, it’s a crying damned shame we can’t do the same to pedophiles and rapists!
I worked with a guy at my job many years ago that used to tell me that if the punishment was worse than the crime, the crime rate would mostly go down but since the country never went that route, we would never know.
Probably on here in previous stories but can someone explain how a retired service man or woman can be recalled to stand trial? Is it restricted to officers? Can the Military do this for anyone?
Short version is Yes they can.
Retirement pay isn’t considered a pension, it’s considered ‘Retainer Pay’. So, in the eyes of the military courts, if you’re collecting retirement pay you are still subject to the UCMJ.
The also means that anything you do after retiring can be charged. So you can be recalled to active duty and court martialed for something you did after getting out. Realistically, it would only be done for something very serious and as far as I know, only the Army and Marines have, in recent memory, recalled anyone from retirement for a court martial (Army charged MSG Hennis with murder committed while he was active duty, Marines nailed a retired Gunny for rape and child porn that occurred after he was retired). The Navy could have have recalled and court martialed the Admirals in the Fat Leonard case (and should have, IMO) but didn’t.
Are there no “Statue of Limitations”, in the military? In the civilian justice system I know there are some serious crimes which have none, but mostly they exist.
NJP is usually 2 years and Courts Martial 5 years unless it involved capital offenses, AWOL, Missing a Movement during wartime etc.
I believe these limitations are also extended for incarceration, AWOL ETC
Dude’s going to have to buy a buttload of new uniforms. Greens and woodland BDUs ain’t going to cut it in today’s Army
The general won’t be needing any camouflage. Assume he still has his blue service dress, and it still fits him. All army officers were supposed to maintain a set.
Yep, all the clothes he will need for the rest of his life will be a couple of sets of Class A’s and a orange jump suit.
He will need a PT uniform also. Failing the PT test will only add to his problems.
Does he also forfeit the right to be buried in a national military cemetery, and be buried with military honors?
First he has to be found guilty. He hasn’t yet even though in the eyes of public opinion he is and always will be, even if cleared of charges.
After being found guilty, it would depend on the sentence – whether or not he loses his retirement and is dismissed at a lower rank with loss of all benefits. The Court Martial could consider all service after -what, Captain in his case? – was not honorable, and therefore would not count towards pension or any other benefits.
I’m working from memory, but I’m also pretty sure that conviction of rape of a minor is one of those Class I (?) sexual offense convictions that by law preclude burial in a VA National Cemetery. I also seem to remember that VA policy precludes burial of those with a DD or equivalent in a National Cemetery.
If he’s dismissed (the only punitive discharge a court-martial can give to a commissioned officer as part of a sentence – and it’s equivalent to a DD), he’ll forfeit all retirement benefits. Since it’s the equivalent of a dishonorable discharge, I’m pretty sure that means he also forfeits any future VA benefits as well (there is a statutory bar in Federal law on receipt of VA benefits by those receiving a DD). Only question at that point is whether forfeitures (pay/allowances) would be retroactive or not. I think the answer is no – but I don’t know for sure either way.
Can’t speak authoritatively to the issue of a military funeral in a private cemetery. I believe that a DD precludes receiving a military funeral (and it should, as should a BCD) – but I don’t know that to be fact.
Bottom line: if he’s convicted at court-martial, he’s in a world of hurt. If he’s convicted of raping a minor, IMO he’s a lock to get dismissal and serious time. And given his age, if he’s convicted my guess is he’ll probably never see the outside of a prison again unless he receives clemency in the future due to terminal illness.
Army Times had the latest on this:
https://www.armytimes.com/news/your-army/2017/08/27/retired-two-star-charged-with-raping-a-minor-faces-accuser-in-military-court/
In reading the article, doing the math as well as duty locations when events occurred, am speculating that the victim is his child, now 46 years old.